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Criminal Procedure Act 2011

Appeals - Appeals against pre-trial decisions - First appeals

217: Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case

You could also call this:

"You can appeal some court decisions made before a jury trial starts, with permission from a higher court."

Illustration for Criminal Procedure Act 2011

If you are the prosecutor or the defendant in a jury trial case, you can appeal against some decisions made by the court before the trial starts. You need to get permission from the first appeal court to do this. The court can make decisions about things like changing or combining charges, what evidence can be used, and whether a trial should be held with or without a jury. You can appeal against decisions made under sections like section 21 to amend charges, section 101 about what evidence can be used, and section 102 about having a trial without a jury.

You can also appeal against decisions about things like trying someone separately for some charges, under section 138(4), or retrying someone because their first trial was not fair, under section 151. The court can make decisions about transferring a trial to a different place, under section 157, or about how a complainant can be questioned, under section 44 of the Evidence Act 2006.

The court can make other decisions too, like whether a witness can stay anonymous, under sections 110 or 112 of the Evidence Act 2006, or whether a witness's identity can be kept secret, under section 109(1)(d) or 109B(2) of the Evidence Act 2006. You can appeal against these decisions if you get permission from the first appeal court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360383.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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216: Refusal to give leave to appeal under section 215, or

"When the court says no to your appeal before the trial is finished"

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218: Right of appeal by defendant only against pre-trial decisions in jury trial case, or

"You can appeal some court decisions before your jury trial starts, but only if you ask for permission first."

Part 6Appeals
Appeals against pre-trial decisions: First appeals

217Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case

  1. This section applies if a court makes a decision specified in subsection (2) in proceedings for—

  2. a category 3 offence after the defendant elected a jury trial; or
    1. a category 4 offence.

      1. The defendant or the prosecutor may, with the leave of the first appeal court, appeal to that court against a decision that is one of the following:

      2. making or refusing to make an order under section 21 (to amend, divide, or amalgamate charges):
        1. making or refusing to make an order under section 101 (pre-trial order about admissibility of evidence):
          1. making or refusing to make an order under section 102 (that Judge-alone trial be held in case likely to be long and complex):
            1. making or refusing to make an order under section 103 (that Judge-alone trial be held in case involving intimidation of jurors):
              1. amending or refusing to amend a charge under section 133:
                1. making or refusing to make an order under section 138(4) (that defendant be tried separately on 1 or more charges):
                  1. making or refusing to make an order under section 151 (for a person to be retried on ground that acquittal tainted):
                    1. refusing to make an order under section 157 (to transfer proceeding to a court at another place):
                      1. granting or refusing to grant permission under section 44 of the Evidence Act 2006 (relating to the cross-examination of a complainant):
                        1. granting or refusing to grant an application for a direction under section 106F of the Evidence Act 2006 in respect of a notification under section 106D of that Act that cross-examination evidence is to be given by video record made before trial:
                          1. granting or refusing to grant an application under section 106H of the Evidence Act 2006 for further cross-examination of a sexual case complainant or propensity witness all of whose evidence has been or is to be given by video record made before trial:
                            1. giving or refusing to give leave on an application under section 109(1)(d) or 109B(2) of the Evidence Act 2006 (relating to the identity of a witness):
                              1. making or refusing to make a pre-trial witness anonymity order under section 110 of the Evidence Act 2006:
                                1. making or refusing to make a witness anonymity order under section 112 of the Evidence Act 2006.

                                  Compare
                                  Notes
                                  • Section 217(2)(ia): inserted, on , by section 50 of the Sexual Violence Legislation Act 2021 (2021 No 60).
                                  • Section 217(2)(ib): inserted, on , by section 50 of the Sexual Violence Legislation Act 2021 (2021 No 60).
                                  • Section 217(2)(j): amended, on , by section 30 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
                                  • Section 217(2)(ja): inserted, on , by section 38(1) of the Evidence Amendment Act 2016 (2016 No 44).